Michael I. Torres (“Owner”) owns and operates this website (hereafter, the “Site,” which shall also include any other websites owned and operated by Owner). If you are under the age of 18, you may not use the products or services provided on the Site.
By using the Site, you, the user of the Site (“you”), agree to the terms, conditions, notices and guidelines contained in this Terms and Conditions of Use Agreement (the “Agreement”) and all modifications hereto. We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement at any time. Visitors to the Site should periodically check for changes to this Agreement. Your continued use of the Site following the posting of changes to this Agreement means you accept those changes. Please contact us with any questions regarding this Agreement.
IF YOU DO NOT AGREE TO COMPLY WITH THIS AGREEMENT, PLEASE DO NOT USE THIS SITE.
1. Intellectual Property. The Site and all of its content including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, video material, and audio clips (collectively, “the Intellectual Property”) are protected by copyright, trademark, ‘ target=_blank>Creative Commons license, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Owner or the party credited as the provider or owner of the Intellectual Property. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Owner and protected by U.S. and international copyright laws as well as ‘ target=_blank>Creative Commons license. All software used on the Site is the property of Owner or commercial software suppliers and is protected by U.S. and international copyright laws and ‘ target=_blank>Creative Commons license.
Any actions including, but not limited to, the copying, modification, revision, reproduction, republication, uploading, posting, transmission, or distribution for commercial or non-personal purposes of any other material or element from the Site including, but not limited to, the design or layout of the Site, individual elements of the Site’s design, or the Refocuser logo without the express written permission of Owner, or other owners of the Intellectual Property is bound by ‘ target=_blank>Creative Commons license.
2. User Submissions. Any messages, suggestions, ideas, or concepts that are submitted through the Site shall become, and remain, the property of Owner. You agree that any submissions, in whole or in part, may be used by Owner or any of its affiliates for any purpose including modification, reproduction, transmission, publication, broadcast, and posting unless otherwise stated in the transmission. You additionally agree that Owner is free to use any ideas, concepts, techniques, or know-how contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products and services based upon such information without any obligation to compensate you or anyone else for them. Do not transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic, or profane material, or any other material that could constitute or encourage conduct that could be considered a criminal offense or violate any law.
3. Trademarks. The trademarks, logos, and service marks, including but not limited to Refocuser(collectively, the “Trademarks”) displayed on the Site are the Trademarks of Michael I. Torres, and others. Nothing contained in the Site should be construed as granting by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Owner (bound by the ‘ target=_blank>Creative Commons license) or the third party that owns the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in this Agreement, is strictly prohibited.
4. User Responsibilities. If you choose to become a registered user of any of the Site, you agree that you will provide true, accurate, current and complete information about yourself and your agency as prompted by the registration process. You also agree to update that information as necessary to maintain its accuracy. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Owner has reason to believe such information is untrue, inaccurate, not current or incomplete, Owner has the right to suspend or terminate your account and refuse you any or all current and future use of any of the Site, or the services Owner offers.
6. Limits on Liability. Owner is not liable for:
- The contents of any communication, message, or other information posted by you or other third parties on any of the Site;
- The contents of any website not controlled, owned, or operated by Owner that is accessed from or linked to any of the Site;
- Any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; and
- Any direct, indirect, incidental, special, or consequential damages arising out of or relating to use of or inability to use any of the Site, or download any of the software through any of the Site, even if Owner has been advised of the possibility of such damages. If you are dissatisfied with any portion of any of the Site, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue using the Site.
The Site may include links to other Internet sites, both related and unrelated to the Site, which may be of interest to users. Additionally, other sites may link to the Site with or without the permission of Owner. Owner is not responsible for the content or availability of these sites. Descriptions of or references to companies, products, or publications not owned by Owner on the Site or any linked website do not imply any endorsement of such companies, products, or publications by Owner. Owner shall not be liable for any damages or costs arising out of or in any way connected with your use of any of the companies, services, or publications accessed through the Site.
7. Indemnification. You agree to indemnify and hold Owner, its directors, officers, employees, agents and representatives harmless from all claims, liabilities, losses, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to (a) your use of any of the Refocuser website; (b) your use of any of the fitness and nutrition products or services offered by third-parties through the Site; (c) your download and/or use of any of the software available for download through any of the Site; or (d) your alleged breach of this Agreement
8. Disclaimer of Warranties. The information, material, services, and products (including the fitness and nutrition products and services offered through the Site and provided by third parties) included on any of the Site may include inaccuracies, typographical errors, bugs and other problems. Owner may make changes or improvements to the Site at any time.
ALL OF THE MATERIALS, PRODUCTS AND SERVICES ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OWNER DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OWNER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL, INCLUDING THIRD-PARTY FITNESS AND NUTRITION PRODUCTS AND SERVICES OFFERED THROUGH THE SITE, ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL, INCLUDING THIRD-PARTY FITNESS AND NUTRITION PRODUCTS AND SERVICES OFFERED THROUGH THE SITE, AVAILABLE ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE.
USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE USE OF ANY INTERACTIVE AREA, ANY SOFTWARE, ANY SOFTWARE DOWNLOADS, AND ANY THIRD-PARTY PRODUCTS AND SERVICES OFFERED THROUGH THE SITE IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
9. Termination. In addition and without prejudice to any other legal or equitable remedies available to Owner, Owner may terminate this Agreement at any time and for any reason whatsoever. You may terminate this Agreement by closing your account with Refocuser, and paying any and all outstanding balances owed by you to Owner under that account.
10. Jurisdiction. This Agreement shall be governed by the laws of the State of Washington applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within King County, Washington will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. The losing party shall pay all reasonable fees and costs (including attorneys’ fees) resulting from any claim or dispute arising from this Agreement.
The Site is owned and operated by Owner from the State of Washington, United States of America. Owner makes no representation that materials on any of the Site are appropriate or available for use in other locations. Those who choose to access any of the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Site may contain references to products or services not available in all countries. Owner does not market all of its products or services in all countries. Software from any of the Site may be subject to U.S. and Canadian export controls.
11. Miscellaneous. This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. Sections 1, 2, 3, 5, 6, 7, 10, 11, 12 and 13 of this Agreement shall survive any termination or cancellation of this Agreement. If any term of this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form
12. Equal Opportunity Employer. Owner reserves the right to post information about employment opportunities on the Site. Owner is an equal opportunity employer, employing people without paying attention to race, sex, religion, nationality, age or disability.